X v Kuoni Travel Ltd

X v Kuoni Travel Ltd

Kuoni was not contractually liable for the sexual assault because the hotel employee was not a 'supplier' within the meaning of the contract or regulations, and the act was not part of the holiday arrangements for which Kuoni accepted responsibility. Even if the hotel was a supplier, the exclusion for unforeseeable and unavoidable events applied, as neither Kuoni nor the hotel could have anticipated or avoided the assault with all due care.

Parties
Claimant/appellant: X; Defendant/respondent: Kuoni Travel Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Package Holiday Liability, Vicarious Liability, Interpretation of Contract Terms, Implementation of EU Directives, Exclusion of Liability Clauses
Contract Law Consumer Protection Tort Law Package Holiday Liability Vicarious Liability Interpretation of Contract Terms Implementation of EU Directives Exclusion of Liability Clauses

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Parties

X

Claimant/appellant

Kuoni Travel Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Kuoni was contractually liable for the sexual assault committed by a hotel employee under the package holiday contract and the Package Travel Regulations 1992
  2. 2 Whether the hotel employee was a 'supplier' for the purposes of the contract and regulations
  3. 3 Whether Kuoni could rely on the exclusion of liability for unforeseeable events

Ratio Decidendi

Kuoni was not contractually liable for the sexual assault because the hotel employee was not a 'supplier' within the meaning of the contract or regulations, and the act was not part of the holiday arrangements for which Kuoni accepted responsibility. Even if the hotel was a supplier, the exclusion for unforeseeable and unavoidable events applied, as neither Kuoni nor the hotel could have anticipated or avoided the assault with all due care.

Court Disposition

Appeal dismissed